First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 23-0131.02 Sarah Lozano x3858
HOUSE BILL 23-1294
House Committees Senate Committees
Energy & Environment
Appropriations
A BILL FOR AN ACT
C
ONCERNING MEASURES TO PROTECT COMMUNITIES FROM101
POLLUTION, AND, IN CONNECTION THEREWITH, MAKING AN102
APPROPRIATION.103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Section 2 of the bill removes the requirement that the air quality
control commission (AQCC) promulgate rules setting the conditions and
limitations for periods of start-up, shutdown, or malfunction of a source
of air pollution (source) that justify temporary relief from an emission
control regulation.
HOUSE
Amended 2nd Reading
April 29, 2023
HOUSE SPONSORSHIP
Bacon and Willford, Amabile, Boesenecker, Brown, deGruy Kennedy, Dickson, English,
Epps, Garcia, Gonzales-Gutierrez, Hamrick, Jodeh, Joseph, Kipp, Lindsay, Lindstedt,
Mabrey, Marshall, Michaelson Jenet, Ortiz, Parenti, Ricks, Sharbini, Story, Valdez, Velasco,
Woodrow
SENATE SPONSORSHIP
Winter F. and Gonzales,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. Current law provides that a person shall not permit the emission
of air pollutants at a nonresidential structure unless an air pollution
emission notice has been filed with the division of administration in the
department of public health and environment (division). Section 5 adds
the requirements that any:
! Relevant permits have been approved by the division; and
! Applicable period of review by the federal environmental
protection agency has been completed.
Section 6 removes the prohibition against the AQCC adopting
rules covering indirect sources that are more stringent than applicable
federal law.
Section 6 also requires the division, in evaluating a construction
permit application for a source that includes new oil and gas operations,
to:
! Aggregate emissions from a proposed or modified oil and
gas system; and
! Consider emissions from exploration and preproduction
activities if a proposed or modified oil and gas system is in
an ozone nonattainment area and if the activities will be
conducted beginning May 1 and ending August 31 of any
year (ozone season).
Section 8 clarifies that only the filing of a renewable operating
permit application can operate as a defense to an enforcement action for
operating without a permit during the time period that the division or the
AQCC is reviewing the permit application.
Current law requires the division or the AQCC to give public
notice of certain construction permit applications or renewable operating
permit applications and of certain public hearings through a newspaper
publication or another method that ensures effective public notice.
Current law also requires the division to maintain a copy of a construction
permit application and applicable preliminary analysis or a notice of
public hearing with the county clerk and recorder of the county where the
applicable project is located. Section 8 also removes the newspaper
publication option and the county clerk and recorder filing requirements
and provides for alternative methods of giving public notice, including
posting information about the application or any public hearings on the
division's or the AQCC's website.
Current law requires the division or AQCC to make a finding that
a source or activity will meet all applicable emission control regulations,
including ambient air quality standards (AAQS), before granting a permit
for the source or activity. Section 8 also requires that, beginning January
1, 2024, for at least any source or activity that has the potential to emit
levels of air contaminants above certain modeling thresholds, the division
or AQCC must base any finding that the source or activity will not cause
or contribute to an exceedance of applicable AAQS on air quality
1294
-2- modeling.
Section 8 also allows the division, after an investigation into
whether an activity meets the requirements of a construction permit, to
propose additional terms and conditions of the construction permit.
With respect to a complaint alleging or the division's own belief
regarding a violation or noncompliance (violation), section 9 requires the
division to:
! Cause a diligent investigation into the violation to be made
unless the complaint clearly appears to be frivolous or
trivial or the complainant withdraws the complaint;
! Notify the owner or operator of the applicable air pollution
source of the complaint or the division's belief of an
alleged violation within 30 days after the complaint was
filed or the division discovered the alleged violation;
! Consider all relevant evidence that it acquires when
investigating the alleged violation; and
! Determine whether a violation occurred within 90 days
after the division gives notice that it has commenced an
investigation on the matter.
If the division determines that a violation has occurred, current law
requires the division to issue a compliance order unless the responsible
party gives timely notice that the violation occurred during a period of
start-up, shutdown, or malfunction. Section 9 removes the exception for
periods of start-up, shutdown, or malfunction.
Section 9 also requires, if a hearing is requested after the receipt
of a compliance order, the commission to provide at least 45 days' notice
to any complainant that submitted a complaint alleging the applicable
violation.
Section 9 also allows a complainant to submit a request for a
hearing within 20 calendar days after receipt of a determination by the
division that no violation occurred.
Current law provides that any noncompliance that occurs during
a period of start-up, shutdown, or malfunction exempts the owner or
operator of a source from the duty to pay penalties related to that
noncompliance. Section 9 removes this provision.
Section 9 also allows a person, with respect to certain clean air
regulations, to commence a civil action (action) against an alleged
violator for a current or past violation of the regulation. A person shall
not commence an action until at least 60 days after a notice has been
provided to the executive director of the department, the director of the
division, and the alleged violator. Except for violations of an ongoing or
recurring nature, any action that is not commenced within 5 years after
the discovery of the alleged violation is time barred.
Current law requires the division to consider certain factors in
determining the amount of a civil penalty to assess for a violation.
1294
-3- Section 10 requires the division to also consider the impact of the
violation on safety and wildlife and biological resources and the severity
of the violation.
Current law provides that any action related to an alleged violation
of air quality laws that is not commenced within 5 years after the
occurrence of the alleged violation is time barred. Section 11 excludes
actions commenced to address a failure to obtain a permit from this
statute of limitation.
Section 12 creates new electrification requirements and emissions
standards for stationary engines used in oil and gas operations.
Section 13 creates new control measures that must be included in
any state implementation plan for ozone adopted by the AQCC until a
serious, severe, or extreme ozone nonattainment area in the state is
redesignated as a maintenance area by the federal environmental
protection agency.
Section 15 requires the district court, in a suit against a person that
has violated a state law, rule, or order related to oil and gas, to award the
initial complaining party any costs of litigation incurred by the initial
complaining party if the court determines that the award is appropriate.
Section 16 allows any person to submit a complaint to the oil and
gas conservation commission (COGCC) alleging a violation of a state
law, rule, or order related to oil and gas. Upon receipt of the complaint,
the COGCC or the director of the COGCC is required to promptly
commence and complete an investigation into the violation alleged by the
complaint, unless the complaint clearly appears on its face to be trivial or
the complainant withdraws the complaint.
Section 17 requires the COGCC to evaluate and address adverse
cumulative impacts on the environment and disproportionately impacted
communities for each permit application for a new or substantially
modified oil and gas location through a cumulative impact analysis.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds that:3
(a) All people have the right to breathe clean air, yet poor air4
quality frequently puts public health at risk in communities across5
Colorado, particularly in disproportionately impacted communities that6
are subjected to adverse cumulative impacts from multiple pollution7
sources;8
1294-4- (b) In particular, Coloradans have long suffered from high levels1
of ground-level ozone pollution, which is connected to severe health2
impacts including respiratory problems, cardiovascular disease, adverse3
birth outcomes, and premature death and poses a significant threat to4
vulnerable populations including children, the elderly, people with5
respiratory ailments, the outdoor workforce, and otherwise healthy6
individuals who recreate outdoors;7
(c) The threats posed by ozone pollution are even more8
devastating for communities of color and low-income communities that9
bear outsized environmental burdens due to past and present10
discriminatory environmental policies, endure higher health risks from11
exposure, experience systemic injustice, and have faced exclusion from12
government decision-making and enforcement efforts;13
(d) Although Colorado has an ongoing ozone crisis that will14
worsen with climate change, the state has repeatedly failed to meet15
federal ozone standards established to protect public health and welfare16
in the Denver metro/North Front Range nonattainment area where a17
majority of Coloradans live, which was downgraded to a severe18
nonattainment area in 2022 and has been consistently ranked among the19
worst areas in the nation for ozone pollution by the American lung20
association;21
(e) The federal "Clean Air Act" requires that Colorado have22
enforceable procedures in place to assess the air quality impacts of new23
sources and modifications and to prevent the construction of new sources24
and modifications that would cause or contribute to a violation of federal25
standards;26
(f) "Minor" sources of pollution, including many oil and gas27
1294
-5- sources that are among the largest contributors to ozone, can cause and1
contribute to exceedances of federal standards and have a devastating2
cumulative impact on already overburdened, disproportionately impacted3
communities, yet they often escape air quality impact analyses in4
Colorado's permitting processes;5
(g) Impacted Coloradans across the state face significant barriers6
and a lack of transparency when filing complaints and submitting7
evidence of permit violations and action is necessary to ensure that8
agencies are empowered to respond to complaints appropriately; and9
(h) Because industrial operations also support many jobs in10
Colorado, impacts on workers associated with air quality control11
measures should be considered.12
(2) The general assembly determines that state action to reduce13
pollution is necessary to achieve environmental justice, and the state can14
and should act to lower ozone and precursor levels to address the serious15
health impacts experienced by communities across Colorado, especially16
as the impacts of the climate crisis intensify.17
(3) Therefore the general assembly determines and declares that:18
(a) State agencies have a duty and a responsibility to collaborate19
to protect Coloradans from harmful pollution and to comply with federal20
health-based standards, which are essential steps in achieving21
environmental justice and health equity for all communities;22
(b) Extraordinary air quality measures should be included in the23
state implementation plan for ozone when the federal environmental24
protection agency classifies a nonattainment area in the state as a serious,25
severe, or extreme nonattainment area;26
(c) It is imperative for members of the public to be meaningfully27
1294
-6- engaged as partners and stakeholders in Colorado's permitting processes1
and enforcement of permit violations once permits are issued; and2
(d) This act is necessary to ensure that Colorado addresses the3
disproportionate cumulative impacts of pollution, including4
environmental and health impacts, that communities across the state5
experience.6
SECTION 2. In Colorado Revised Statutes, add 25-7-145 as7
follows:8
25-7-145. Legislative interim committee on ozone air quality9
- created - members - repeal. (1) NOTWITHSTANDING SECTION10
2-3-303.3, THE LEGISLATIVE INTERIM COMMITTEE ON OZONE AIR QUALITY ,11
REFERRED TO IN THIS SECTION AS THE "COMMITTEE", IS CREATED.12
(2) THE PURPOSE OF THE COMMITTEE IS TO STUDY OZONE AIR13
QUALITY IN THE STATE WITH A FOCUS ON:14
(a) INVESTIGATING THE FACTORS THAT CONTRIBUTE TO OZONE15
POLLUTION IN THE STATE, INCLUDING ANY SCIENTIFIC CONSENSUS AROUND16
THE ISSUE OF OZONE POLLUTION;17
(b) ANALYZING STRATEGIES TO ADDRESS AND IMPROVE18
GROUND-LEVEL OZONE ISSUES; AND19
(c) DEVELOPING POLICY, TECHNICAL, AND FINANCIAL SOLUTIONS20
TO IMPROVE OZONE AIR QUALITY IN THE STATE .21
(3) THE COMMITTEE CONSISTS OF:22
(a) SIX MEMBERS OF THE SENATE, WITH FOUR MEMBERS APPOINTED23
BY THE PRESIDENT OF THE SENATE AND TWO MEMBERS APPOINTED BY THE24
MINORITY LEADER OF THE SENATE; AND25
(b) SIX MEMBERS OF THE HOUSE OF REPRESENTATIVES, WITH FOUR26
MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF27
1294
-7- REPRESENTATIVES AND TWO MEMBERS APPOINTED BY THE MINORITY1
LEADER OF THE HOUSE OF REPRESENTATIVES .2
(4) THE APPOINTING AUTHORITIES SHALL APPOINT THE MEMBERS3
OF THE COMMITTEE NO LATER THAN JUNE 30, 2023. IF A VACANCY ARISES4
ON THE COMMITTEE, THE APPOINTING AUTHORITY SHALL APPOINT A5
MEMBER TO FILL THE VACANCY AS SOON AS POSSIBLE .6
(5) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL7
DESIGNATE THE CHAIR OF THE COMMITTEE. IN THE CASE OF A TIE VOTE,8
THE CHAIR OF THE COMMITTEE SHALL CAST AN ADDITIONAL DECIDING9
VOTE.10
(6) THE CHAIR OF THE COMMITTEE SHALL SCHEDULE THE FIRST11
MEETING OF THE COMMITTEE NO LATER THAN SIXTY DAYS AFTER JUNE 30,12
2023. THE COMMITTEE MAY MEET UP TO SIX TIMES DURING THE 202313
INTERIM, WHICH MAY INCLUDE FIELD TRIPS. 14
(7) THE COMMITTEE MAY INTRODUCE UP TO A TOTAL OF FIVE15
BILLS, JOINT RESOLUTIONS, AND CONCURRENT RESOLUTIONS IN THE 202416
LEGISLATIVE SESSION. BILLS RECOMMENDED BY THE COMMITTEE ARE17
EXEMPT FROM THE FIVE-BILL LIMITATION SPECIFIED IN JOINT RULE 2418
(b)(1)(A). THE COMMITTEE SHALL REPORT TO THE LEGISLATIVE COUNCIL19
BY THE DATE SPECIFIED IN JOINT RULES 24 (b)(1)(D) AND 24 (A)(d)(8).20
ANY BILLS RECOMMENDED BY THE COMMITTEE ARE SUBJECT TO THE21
APPLICABLE DEADLINES, BILL INTRODUCTION LIMITS, AND ANY OTHER22
REQUIREMENTS IMPOSED BY THE JOINT RULES OF THE GENERAL ASSEMBLY23
AND MUST BE APPROVED BY A MAJORITY VOTE OF THE COMMITTEE .24
(8) THE LEGISLATIVE COUNCIL AND THE OFFICE OF LEGISLATIVE25
LEGAL SERVICES SHALL PROVIDE STAFF ASSISTANCE TO THE COMMITTEE.26
(9) THE COMMITTEE SHALL SEEK PRESENTATIONS AND COMMENTS27
1294
-8- FROM AFFECTED INDUSTRIES, WORKERS, LOCAL GOVERNMENTS, RELEVANT1
STATE AGENCIES, AND IMPACTED COMMUNITIES EXPERIENCING OZONE2
POLLUTION.3
(10) THIS SECTION IS REPEALED, EFFECTIVE JULY 1, 2024.4
SECTION 3. In Colorado Revised Statutes, 25-7-115, amend (2),5
(3)(b), and (7)(b); and add (4)(a)(III) as follows:6
25-7-115. Enforcement - civil actions - definitions. (2) (a) If a7
written and verified complaint is filed with the division alleging that, or8
if the division itself has cause to believe that, any person is violating or9
failing to comply with any regulation RULE of the commission issued10
pursuant to parts 1 to 4 of this article ARTICLE 7, order issued pursuant to11
section 25-7-118, requirement of the state implementation plan, OR12
provision of parts 1 to 4 of this article ARTICLE 7, including any term or13
condition of a permit required pursuant to this article ARTICLE 7, the14
division shall cause a prompt AND DILIGENT investigation to be made and,15
UNLESS:16
(I) THE COMPLAINT CLEARLY APPEARS ON ITS FACE TO BE17
FRIVOLOUS OR TRIVIAL; OR18
(II) THE COMPLAINANT WITHDRAWS THE COMPLAINT WITHIN THE19
TIME ALLOTTED FOR THE COMPLAINT TO BE INVESTIGATED .20
(b) WITHIN THIRTY DAYS AFTER RECEIPT OF A COMPLAINT FILED21
PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION, THE DIVISION SHALL22
RESPOND TO A COMPLAINANT TO OUTLINE THE STEPS OF THE COMPLAINT23
INVESTIGATION.24
(c) (I) If the division investigation determines that any such25
violation or failure to comply exists, the division shall act expeditiously26
and within the period prescribed by law in TO formally notifying NOTIFY27
1294
-9- the owner or operator of such THE air pollution source after the discovery1
of the alleged violation or noncompliance. Such THE notice shall MUST2
specify the provision alleged to have been violated or not complied with3
and the facts alleged to constitute the violation or noncompliance.4
(II) IF THE DIVISION IS ACTING IN RESPONSE TO A COMPLAINT, THE5
DIVISION SHALL NOTIFY THE COMPLAINANT THAT AN INVESTIGATION HAS6
COMMENCED AT THE TIME THAT THE DIVISION PROVIDES NOTICE TO THE7
OWNER OR OPERATOR OF THE AIR POLLUTION SOURCE PURSUANT TO8
SUBSECTION (2)(c)(I) OF THIS SECTION.9
(d) THE DIVISION SHALL ACCEPT AND CONSIDER ALL RELEVANT10
EVIDENCE IT RECEIVES OR ACQUIRES IN INVESTIGATING AND DETERMINING11
WHETHER A VIOLATION OR NONCOMPLIANCE OCCURRED , INCLUDING12
AUDIO, VIDEO, AND TESTIMONIAL EVIDENCE.13
(3) (b) (I) If, after any such THE conference PURSUANT TO14
SUBSECTION (3)(a) OF THIS SECTION, THE DIVISION DETERMINES THAT a15
violation or noncompliance is determined to have HAS occurred, the16
division shall issue an order requiring the owner or operator or any other17
responsible person to comply. unless the owner or operator demonstrates18
that the violation occurred during a period of start-up, shutdown, or19
malfunction and timely notice was given to the division of the condition.20
(II) IF A COMPLAINT IS FILED PURSUANT TO SUBSECTION (2)(a) OF21
THIS SECTION ALLEGING THE VIOLATION OR NONCOMPLIANCE , THE22
DIVISION SHALL SEND THE ORDER TO THE COMPLAINANT .23
(III) The order may:24
(A) Include THE termination, modification ALTERATION, or25
revocation and reissuance of the subject permit;26
(B) INCLUDE the assessment of civil penalties in accordance with27
1294
-10- section 25-7-122 and SUBSECTION (3)(b)(IV) OF THIS SECTION;1
(C) In addition to civil penalties, INCLUDE a requirement to2
perform one or more projects to mitigate violations related to excess3
emissions; The order may also AND4
(D) Require the calculation of a noncompliance penalty under5
subsection (5) of this section.6
(IV) IN DETERMINING THE AM OUNT TO ASSESS FOR A CIVIL7
PENALTY FOR A VIOLATION OR NONCOMPLIANCE , THE DIVISION SHALL:8
(A) CONSIDER THE FACTORS DESCRIBED IN SECTION 25-7-1229
(2)(a); AND10
(B) NOT ASSESS A PENALTY FOR A VIOLATION OR NONCOMPLIANCE11
THAT IS LESS THAN THE ECONOMIC BENEFIT THAT THE OWNER OR12
OPERATOR DERIVED FROM THE VIOLATION OR NONCOMPLIANCE .13
(V) Unless enforcement of its order has been stayed as provided14
in subsection (4)(b) of this section, the division may seek enforcement, IN15
THE DISTRICT COURT FOR THE DISTRICT WHERE THE AFFECTED AIR16
POLLUTION SOURCE IS LOCATED, OF:17
(A) Pursuant to section 25-7-121 or 25-7-122, of the AN18
applicable rule of the commission;19
(B) AN order issued pursuant to section 25-7-121 or 25-7-122 or20
the applicable rule of the commission;21
(C) AN order issued pursuant to section 25-7-118;22
(D) A requirement of the state implementation plan;23
(E) A provision of this article 7; or24
(F) THE terms or conditions of a permit required pursuant to this25
article 7. in the district court for the district where the affected air26
pollution source is located.27
1294
-11- (VI) The court shall issue an appropriate order, which may include1
a schedule for compliance by the owner or operator of the source.2
(4) (a) (III) IF A HEARING IS REQUESTED PURSUANT TO SUBSECTION3
(4)(a)(I) OF THIS SECTION, THE COMMISSION SHALL PROVIDE AT LEAST4
FORTY-FIVE DAYS' NOTICE TO ANY COMPLAINANT THAT FILED A5
COMPLAINT PURSUANT TO SUBSECTION (2)(a) OF THIS SECTION ALLEGING6
A VIOLATION OR NONCOMPLIANCE AT ISSUE IN THE HEARING . THE7
COMPLAINANT MAY PARTICIPATE AS A PARTY TO THE HEARING .8
(7) (b) The division may, after notice and opportunity for a public9
hearing, exempt THE OWNER OR OPERATOR OF any stationary source from10
the duty to pay a noncompliance penalty pursuant to this section with11
respect to a particular instance of noncompliance if it finds that such THE12
instance of noncompliance is inconsequential in nature and duration. Any13
instance of noncompliance occurring during a period of start-up,14
shutdown, or malfunction shall be deemed to be inconsequential. If a15
public hearing is requested by an interested person, the request shall MUST16
be transmitted to the commission within twenty calendar days of AFTER17
its receipt by the division. The commission shall, within sixty calendar18
days of AFTER its receipt of the request, hold a public hearing, with19
respect thereto and within thirty calendar days of such AFTER THE hearing,20
issue its decision.21
SECTION 4. In Colorado Revised Statutes, 25-7-122, amend22
(2)(a) introductory portion, (2)(a)(VII), and (2)(a)(VIII); and add23
(2)(a)(IX) as follows:24
25-7-122. Civil penalties - rules - definitions. (2) (a) In25
determining the amount of any civil penalty, the following factors26
DIVISION shall be considered CONSIDER THE FOLLOWING FACTORS :27
1294
-12- (VII) Malfeasance; and1
(VIII) Whether legal and factual theories were advanced for2
purposes of delay; AND3
(IX) THE SEVERITY OF THE VIOLATION OR NONCOMPLIANCE .4
SECTION 5. In Colorado Revised Statutes, 25-7-123.1, amend5
(1) as follows:6
25-7-123.1. Statute of limitations - penalty assessment -7
criteria. (1) (a) EXCEPT WITH RESPECT TO ANY ACTION COMMENCED TO8
ADDRESS A FAILURE TO OBTAIN A PERMIT REQUIRED BY THIS ARTICLE 7,9
any action COMMENCED FOR THE ASSESSMENT OF CIVIL PENALTIES,10
pursuant to this section ARTICLE 7 THAT IS not commenced within five11
years of AFTER THE occurrence of the alleged violation is time barred.12
(b) Without expanding the statute of limitations contained in13
paragraph (a) of this subsection (1) SUBSECTION (1)(a) OF THIS SECTION,14
any action COMMENCED, INCLUDING THE ASSESSMENT OF CIVIL PENALTIES,15
pursuant to this article ARTICLE 7, except those commenced pursuant to16
section 25-7-122 (1)(d) or 25-7-122.1 (1)(c), which THAT is not17
commenced within eighteen months of AFTER the date upon which the18
division discovers the alleged violation is time barred. For purposes of19
this section, the division discovers the alleged violation when it learns of20
the alleged violation or should have learned of the alleged violation by the21
exercise of reasonable diligence, including by receipt of actual or22
constructive notice.23
(c) The five-year period of limitation contained PERIODS OF24
LIMITATION DESCRIBED in this section does DO not apply where THE25
ALLEGED VIOLATOR KNOWINGLY OR WILLFULLY CONCEALS information26
regarding the alleged violation. is knowingly or willfully concealed by the27
1294
-13- alleged violator.1
SECTION 6. In Colorado Revised Statutes, 34-60-103, add (4.1)2
as follows:3
34-60-103. Definitions. As used in this article 60, unless the4
context otherwise requires:5
(4.1) "CUMULATIVE IMPACTS" MEANS THE EFFECTS OF OIL AND6
GAS OPERATIONS ON THE ENVIRONMENT, INCLUDING EFFECTS ON AIR7
QUALITY, WATER QUALITY, CLIMATE, NOISE, ODOR, WILDLIFE, BIOLOGICAL8
RESOURCES, OR PUBLIC HEALTH THAT ARE CAUSED BY THE INCREMENTAL9
IMPACT THAT A NEW OR EXPANDED OIL AND GAS FACILITY HAS WHEN10
ADDED TO THE IMPACTS FROM OTHER PAST, PRESENT, AND REASONABLY11
FORESEEABLE FUTURE DEVELOPMENT OF ANY TYPE ON THE RELEVANT12
AREA, INCLUDING AN AIRSHED OR WATERSHED AREA OR A13
DISPROPORTIONATELY IMPACTED COMMUNITY, AS DEFINED IN SECTION14
24-4-109 (2)(b)(II).15
SECTION 7. In Colorado Revised Statutes, amend 34-60-114 as16
follows:17
34-60-114. Action for damages. (1) (a) Nothing in this article,18
and no suit by or against the commission, and no violation charged or19
asserted against any person under any provisions of this article, or any20
rule, regulation, or order issued under this article, THE FOLLOWING shall21
NOT impair, abridge, or delay any cause of action for damages which22
THAT any person may have or assert against any ANOTHER person23
violating any provision of this article ARTICLE 60, or any rule regulation,24
or order issued under this article ARTICLE 60:25
(I) ANY PROVISION IN THIS ARTICLE 60;26
(II) A SUIT BY OR AGAINST THE COMMISSION;27
1294
-14- (III) A VIOLATION CHARGED OR ASSERTED AGAINST ANY PERSON1
UNDER THIS ARTICLE 60; AND2
(IV) ANY RULE OR ORDER ISSUED UNDER THIS ARTICLE 60.3
(b) Any person so damaged by the A violation DESCRIBED IN4
SUBSECTION (1)(a) OF THIS SECTION may sue for and recover such5
damages as he THE PERSON otherwise may be entitled to receive.6
(2) (a) In the event IF the commission fails to bring suit to enjoin7
any actual or threatened violation of this article ARTICLE 60, or of any rule8
regulation, or order made under this article, then ARTICLE 60, any person9
or party in interest adversely affected and BY THE ACTUAL VIOLATION OR10
THREATENED VIOLATION who has notified the commission in writing of11
such violation or threat thereof THE ACTUAL VIOLATION OR THREATENED12
VIOLATION and has requested the commission to sue may, to prevent any13
or further violation, bring suit for that purpose in the district court of any14
county in which the commission could have brought suit.15
(b) If, in such suit A LAWSUIT DESCRIBED IN SUBSECTION (2)(a) OF16
THIS SECTION, the court holds that injunctive relief should be granted,17
then the commission shall be made THE COURT SHALL:18
(I) MAKE THE COMMISSION a party and shall be substituted TO THE19
SUIT;20
(II) IF REQUESTED BY THE COMPLAINING PARTY , SUBSTITUTE THE21
COMMISSION for the person who brought the suit, COMPLAINING PARTY;22
and the injunction shall be issued23
(III) ISSUE THE INJUNCTION as if the commission had at all times24
been the complaining party.25
(3) IN ISSUING ANY FINAL JUDGMENT , RULING, OR ORDER IN A26
LAWSUIT DESCRIBED IN SUBSECTION (2)(a) OF THIS SECTION, THE DISTRICT27
1294
-15- COURT SHALL AWARD THE COMPLAINING PARTY ANY COSTS OF LITIGATION1
INCURRED BY THE COMPLAINING PARTY IN LITIGATING THE LAWSUIT ,2
INCLUDING REASONABLE ATTORNEY FEES, EXPERT WITNESS FEES, AND3
OTHER RELATED COSTS IF THE COURT DETERMINES THAT THE AWARD IS4
APPROPRIATE. AN AWARD IS APPROPRIATE IF:5
(a) THE COMPLAINING PARTY OR THE COMMISSION, IF THE6
COMMISSION HAS BEEN SUBSTITUTED FOR THE COMPLAINING PARTY7
PURSUANT TO SUBSECTION (2)(b)(II) OF THIS SECTION, PREVAILS ON ONE8
OR MORE OF ITS CLAIMS;9
(b) THE LAWSUIT IS SUBSTANTIALLY RESPONSIBLE FOR STOPPING10
A VIOLATION OR BRINGING AN ALLEGED VIOLATOR INTO COMPLIANCE; OR11
(c) THE LAWSUIT HAS SERVED THE PUBLIC INTEREST .12
SECTION 8. In Colorado Revised Statutes, 34-60-121, amend13
(4) as follows:14
34-60-121. Violations - investigations - penalties - rules -15
definition - legislative declaration. (4) (a) ANY PERSON MAY SUBMIT A16
COMPLAINT TO THE COMMISSION ALLEGING THAT A VIOLATION OF THIS17
ARTICLE 60, ANY RULE OR ORDER OF THE COMMISSION, OR ANY PERMIT18
HAS OCCURRED. IF A COMPLAINT IS RECEIVED BY THE COMMISSION, THE19
COMMISSION OR THE DIRECTOR SHALL PROMPTLY COMMENCE AND20
COMPLETE AN INVESTIGATION INTO THE VIOLATION ALLEGED BY THE21
COMPLAINT UNLESS:22
(I) THE COMPLAINT CLEARLY APPEARS ON ITS FACE TO BE23
FRIVOLOUS OR TRIVIAL; OR24
(II) THE COMPLAINANT WITHDRAWS THE COMPLAINT .25
(b) IN INVESTIGATING A VIOLATION ALLEGED BY A COMPLAINT26
RECEIVED PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION, THE27
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-16- COMMISSION OR THE DIRECTOR SHALL ACCEPT AND CONSIDER ALL1
RELEVANT EVIDENCE IT RECEIVES OR ACQUIRES, INCLUDING AUDIO, VIDEO,2
OR TESTIMONIAL EVIDENCE.3
(c) Whenever the commission or the director has reasonable cause4
to believe a violation of any provision of this article ARTICLE 60, any rule5
regulation, or order of the commission, or any permit has occurred,6
written notice shall be given INCLUDING BASED ON A WRITTEN COMPLAINT7
FROM ANY PERSON, THE COMMISSION OR THE DIRECTOR SHALL PROVIDE8
WRITTEN NOTICE to the operator whose act or omission allegedly resulted9
in such THE violation AND REQUIRE THAT THE OPERATOR REMEDY THE10
VIOLATION. The notice shall MUST be served personally or by certified11
mail, return receipt requested, to the operator or the operator's agent for12
service of process and shall MUST state the provision alleged to have been13
violated, the facts alleged to constitute the violation, and any corrective14
action and abatement deadlines the commission or director elects to15
require of the operator.16
(d) AS USED IN THIS SUBSECTION (4), "DIRECTOR" MEANS THE17
DIRECTOR OF THE COMMISSION.18
SECTION 9. Appropriation. (1) For the 2023-24 state fiscal19
year, $79,493 is appropriated to the department of public health and20
environment for use by the air pollution control division This21
appropriation is from the general fund. To implement this act, the division22
may use this appropriation as follows: 23
(a) $71,473 for personal services related to stationary sources, 24
which amount is based on an assumption that the division will require an25
additional 0.9 FTE; and26
(b) $8,020 for operating expenses related to stationary sources.27
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-17- (2) For the 2023-24 state fiscal year, $820,697 is appropriated to1
the department of natural resources. This appropriation is from the oil and2
gas conservation and environmental response fund created in section3
34-60-122 (5), C.R.S. To implement this act, the department may use this4
appropriation as follows:5
(a) $725,531 for use by the oil and gas conservation commission6
for program costs, which amount is based on an assumption that the7
commission will require an additional 6.0 FTE; and8
(b) $95,166 for use by the executive director's office for the9
purchase of legal services.10
(3) For the 2023-24 state fiscal year, $95,166 is appropriated to11
the department of law. This appropriation is from reappropriated funds12
received from the department of natural resources under subsection (2)(b)13
of this section and is based on an assumption that the department of law14
will require an additional 0.5 FTE. To implement this act, the department15
of law may use this appropriation to provide legal services for the16
department of natural resources.17
(4) For the 2023-24 state fiscal year, $61,616 is appropriated to18
the legislative department. This appropriation is from the general fund. To19
implement this act, the department may use this appropriation as follows:20
(a) $26,180 for use by the legislative council, which amount is21
based on an assumption that the council will require an additional 0.322
FTE; 23
(b) $18,452 for use by the committee on legal services, which24
amount is based on an assumption that the committee will require an25
additional 0.2 FTE; and 26
(c) $16,984 for use by the general assembly.27
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-18- SECTION 10. Applicability. This act applies to conduct1
occurring on or after the effective date of this act, including2
determinations of applications pending on the effective date.3
SECTION 11. Safety clause. The general assembly hereby finds,4
determines, and declares that this act is necessary for the immediate5
preservation of the public peace, health, or safety.6
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